DEVINDER SINGH MAKAN Vs. CENTRAL BEARAU OF INVESTIGATION

JUDGEMENT

(1.) 1. The petitioners seek quashing of criminal proceedigs under Section 482, Criminal Procedure Code.

(2.) THE facts of the case, briefly are that according to the prosecution, m/s. Makan Agro Oils Ltd. , (hereafter "maol") was an incorporated company, of which the Petitioner was a director and other accused, were his relatives. On complaints, investigations were carried out, and a charge sheet was filed, alleging commission of offences under section 120-B r/w 420 IPC and 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act 1988.

(3.) ACCORDING to the prosecution, the petitioner opened a current account no. 137 in State Bank of Travancore, Karol Bagh Branch, New Delhi in the name of his company M/s. Makan Agro Oils Ltd. , New Delhi on 06. 04. 1994. He sent a letter that day, alongwith Board resolution to the bank that he and P. K. Maheswari were the authorised signatories to operate the account. Sh. P. K. Maheswari in the capacity of Executive Director (Finance) on behalf of the company submitted an application 13. 01. 1995 addressed to Chief manager, SBI, Karol Bagh, New Delhi for sanction of Adhoc Packing Credit limit of Rs. 11. 50 crores and post shipment credit of Rs. 11. 50 crores alongwith photocopies of fax dated 04. 01. 1995 of M/s. Mactel International company Ltd. , Taiwan and fax dated 05. 01,1995 of M/s. Al-Thelal Trading establishment, Jordan, for export of 20000 MT and 15000 MTs of Soyabean products. Sh. Nayam Pillai Sudhir as Chief Manager (Branch Manager) and sh. T. K. Narayana Pillai as Chief Manager (andi), SBT, Karol Bagh, New delhi dishonestly adhoc packing Credit Limit of Rs. 11. 50 cores to M/s. Makan Agro Oils Ltd. , New Delhi (MAOL) without adhering to the stipulated terms and conditions of the sanction and disbursed the amount of Rs. 11. 50 crores of the said limit in flagrant violations of the established norms, rules and practices prevailing in this regard.